The Community Scheme Ombud Service Act number 9 of 2011 opened up an entirely new corridor to resolving disputes within Sectional Title and Home Owners Associations in South Africa. It is important for one to bear in mind that before launching an application to CSOS, a fair amount of consideration as to what you can claim for relief should be taken into account. If this is not done properly, the Applicant may find themselves facing an application that may very well be dismissed. In essence, an Applicant has one chance of getting it right.
I will set out 5 important steps to note when bringing an application to CSOS.
- KNOW WHAT YOU WANT!
You need to know exactly what you are entitled to claim for. The Act very conveniently sets out at Section 39 thereof, grounds for relief in which an Applicant may seek to recover against a party. These range from dealing with aspects in respect of meetings, noise/disturbance, Managing Agent’s contracts etc.
If your relief is not contained in Section 39, then you will not be able to apply for it.
- IT’S A PROCESS
Like anything in life, nothing comes easy. The CSOS process does take time. There are certain procedures to follow and those procedures must be adhered to very strictly. The Act requires for a matter to be resolved by means of mediation before it can be referred to adjudication.
There are no short cuts. So be patient, give it your best shot and allow for the rule of law to take its place.
- PREPERATION IS EVERYTHING
The chances of success would definitely without doubt improve significantly should the Applicant, as well as the Respondent, prepare their matter as best as they can. Hence, the Applicant should be armed with relevant documentation in support of their case and should, make reference to the documentation in the application. The papers should be neatly indexed and paginated and referenced. A Mediator or Adjudicator would obviously allow for a fair amount of flexibility in that regard especially if that person is a lay person. However it is worthwhile giving your case the best possible chance by making sure that the paper work is neat and orderly and easy to for the adjudicator to assess.
- ARE YOU ENTITLED TO BRING APPROACH CSOS
The Act requires that any person may make an application to CSOS if it is affected materially by a dispute. The definition section of the Act defines a person as an association, partnership, trust, corporation, private or public entity and such person’s representative successors or signees. Should you not fall within this bracket, you may not bring the application.
- LIMITED LEGAL REPRESNTATION
Legal representation at CSOS is generally a no no. There are certain exceptions as provided by Section 52 of the Act which includes the complexity of the matter, the ability of a party to represent them etc. Seeking legal representation at CSOS, one would have to apply their mind to the merits of the matter and also the ability of the parties to act etc.
There is no automatic right of legal representation.
- SUMMARY
Before contacting CSOS, and spending a fair amount of time and energy enduring this process, make sure that you are alive to the various issues and obstacles that you would have to cross in order to get an order in your favour or alternatively oppose an application that has been applied for against you.
Talbot Attorneys can assist you with the drafting of the application alternatively assist with the preparation of responses to applications and all other paper work involved including heads of argument.
We are also able to advise our clients on the general assessment of the matter from the outset. Our firm has previously had vast amounts of experience at CSOS and are well versed in this area.
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